Patna High Court
Mangal RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted subject to verification of the assault allegation.
Summary
The petitioner, Mangal Ram, was arrested in connection with PS Lakhisarai Case No. 515 of 2025 for offences including assault, robbery and theft of a gold chain, alleged under Sections 126(2), 115(2), 303(2), 109, 324(4), 352, 351(2) and 3(5) of the Indian Penal Code. The prosecution alleged that the petitioner, who is the brother of the informant, assaulted the informant and snatched his gold chain. The petitioner pleaded innocence and contended that the allegations were false, seeking bail after being in custody since 24 January 2026. The High Court examined the bail application and, noting the absence of conclusive proof of assault, allowed the bail with a bond of Rs. 10,000 and two sureties, subject to verification of the assault allegation by the lower court. The order directs that if the assault is proven, the bail bonds shall not be accepted; otherwise, they shall be accepted.
Issues considered
- Whether bail should be granted to the petitioner despite the allegations of assault and theft
- Whether the lower court must verify the allegation of assault before accepting bail bonds
Legislation cited
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 324(4), 3(5), 351(2), 352
Subjects
- bail
- assault
- theft
- Indian Penal Code
- criminal procedure
- verification
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15678 of 2026
Arising Out of PS. Case No.-515 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Mangal Ram S/oLate Ramautar Ram R/o Village - Santar Mohalla Ward No.
13, P.S and District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Lakhisarai P.S. Case No. 515 of 2025 registered for the offence
under Sections 126(2), 115(2), 303(2), 109, 324(4), 352, 351(2),
3(5) of the BNS.
3. As per the prosecution case, the petitioner, who
is the brother of the informant, is accused of assaulting him and
it is also alleged that the petitioner has snatched the gold chain
from the neck of the informant.
4. The petitioner is in custody since 24.01.2026.
5. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and has falsely been
implicated in this case. He further submits that there is no
Patna High Court CR. MISC. No.15678 of 2026(2) dt.16-03-2026
2/2
allegation against the petitioner of having assaulted the victim.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Lakhisarai/concerned
Court below in connection with Lakhisarai P.S. Case No. 515 of
2025.
8. As a condition of this order, the Court below,
before accepting the bail bonds of the petitioner, is directed to
verify the allegation of assault against the petitioner. If it is
found that the petitioner has assaulted the informant then his
bail bonds shall not be accepted and if it is found that the
petitioner has not assaulted the informant then his bail bonds
shall be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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